I was asleep!!! Honestly!!!

For some reason, I don't buy into this story. But, if it is a real condition, it might help me out in the long run!! "Honey, I have a medical condition that makes me to that......."


Nah, probably won't work.

'Sexsomnia' defence works
By NATALIE PONA, SUN MEDIA

TORONTO -- It wasn't rape -- it was sleep sex.

In an unusual case in Scarborough court yesterday, Jan Luedecke was acquitted of sexual assault after a judge ruled he was asleep during the attack -- a disorder known as "sexsomnia."

"This is indeed a rare case ... His conduct was not voluntary," said Justice Russell Otter, as Luedecke's victim shook and sobbed then left the courtroom.

The judgement outraged women's groups.

"This is infuriating. It's another case of the courts not taking a woman seriously, adding yet another list to the list of excuses which men use for sexual assault," said Suzanne Jay, of the Canadian Association of Sexual Assault Centres.

Luedecke, a 33-year-old landscaper, met his victim at a party on July 6, 2003. Both had been drinking.

The woman, who can't be named, had fallen asleep on a couch. She woke up to find him having sex with her. She pushed him off then reported the rape to police. She didn't know Luedecke before that night.

WOKE UP ON FLOOR

Luedecke claimed he fell asleep on the same couch then woke up when he was thrown to the floor.

He only suspected he had had sex after using the bathroom and discovering he was still wearing a condom, court heard. He confessed to police.

During his trial, sleep expert Dr. Colin Shapiro testified Luedecke had parasomnia -- a disorder with symptoms such as sleepwalking. Shapiro testified Luedecke suffered from sexsomnia, which is sexual behaviour during sleep.

It was brought on by alcohol, sleep deprivation and genetics.

Luedecke had previously had sleep sex with four girlfriends, court heard.

The woman who accused Luedecke of raping her vows she will fight the decision to the Supreme Court.

"I believe the floodgates have been opened," she said. "This isn't the end for me personally. I have the means to pursue this to the highest level. I believe this case has set a precedent."

"For two years I have focused all my energy on this case. It's not stopping here," she said, in a phone interview yesterday afternoon. "I'm not a wimp but this has knocked me to my knees.

"I didn't think I could get back up for this -- but this isn't about me anymore, this is about society."